Sharpless v McKibbin [2007] NSWSC 1498

Sharpless v McKibbin [2007] NSWSC 1498

Where a close personal relationship does not involve a practical union of lives and property, and offsetting contributions made during the relationship are slight, initial contributions retain substantial weight; the plaintiff’s domestic contributions during the respondent’s illness, though modest and offset by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 2007
Procedural Posture
Equity Proceedings for Property Adjustment Under the Property (relationships) Act / Final Judgment
Outcome
Plaintiff entitled to 4% of the divisible property pool; property adjustment orders made.
Legal Topics
['domestic Relationships' 'property Adjustment' 'same Sex Relationships' 'de Facto Relationships' 'close Personal Relationships' 'statutory Interpretation' 'contributions' 'erosion Principle' 'quality of Contributions' 'unclean Hands Doctrine']
['family Law' 'equity'] ['domestic Relationships' 'property Adjustment' 'same Sex Relationships' 'de Facto Relationships' 'close Personal Relationships' 'statutory Interpretation' 'contributions' 'erosion Principle' 'quality of Contributions' 'unclean Hands Doctrine']

Source-derived case record

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Procedural Posture

Equity Proceedings for Property Adjustment Under the Property (relationships) Act / Final Judgment

Legal Issues

  1. 1 ['Whether there was a domestic relationship between the parties' 'Determination of divisible property pool' 'Evaluation and weighing of respective contributions under s 20' 'Appropriate property adjustment order' 'Applicability of the doctrine of unclean hands']

Ratio Decidendi

Where a close personal relationship does not involve a practical union of lives and property, and offsetting contributions made during the relationship are slight, initial contributions retain substantial weight; the plaintiff’s domestic contributions during the respondent’s illness, though modest and offset by substantial benefits, warrant minimal recognition under the Act—a 4% adjustment of the divisible property pool.

Court Disposition

Plaintiff entitled to 4% of the divisible property pool; property adjustment orders made.

Orders

  • ['Defendant to transfer to plaintiff all right, title and interest in the Mazda 323 motor vehicle registered to plaintiff.' 'Defendant to transfer to plaintiff all right, title and interest in the Trendwest timeshare in the joint names of the parties.' 'Defendant to pay plaintiff $20,000 within 60 days.' 'Each party...